<r 

University  of  California  •  Berkeley 


25th  CONGRESS,  Doc.   No.    42.  Ho.  OF  REP*. 

3d  Session. 


MORMONS. 


MEMORIAL 

OK 

• 

EPHRAIM    OWEN,  JR., 

Late  of  Green  county,  Indiana,  now  of  Davis  county,  Missouri, 

Asking  of  Congress  to  afford  protection  to  the  people  called  Mormons, 
in  the  enjoyment  of  their  civil  rights  as  citizens  of  the  United  States; 
and  complaining  of  loss  of  property,  8?c. 


DECEMBER  20,  1838. 

Referred  to  the  Qoramittee  on  the  Judiciary,  and  ordered  to  be  printed. 


To  the.  Representatives  of  the  people  in  Congress  assembled: 

We  humbly  present  a  brief  sketch  of  the  Mormon  difficulties  in  the 
West.  Passing  by  the  unjustifiable  and  unprecedented  expulsion  of  this 
people  from  the  counties  of  Jackson  and  Clay,  of  which  scenes  the  writer 
was  not  an  eye-witness,  we  will  commence  our  story  with  the  present 
difficulties,  prefacing  it  with  a  short  sketch  of  the  situation  in  which  the 
writer  found  them  about  the  last  of  June,  1838,  on  their  expulsion  from 
Clay  county.  It  was  stipulated  that  they  should  settle  in  the  territory  north 
of  Ray  county  :  they  commenced  their  settlements  there  in  the  autumn  of 
1836.  The  immense  emigration  from  the  East,  together  with  those  driven 
from  Clay  county,  soon  filled  up  the  habitable  country  on  the  waters  of 
Shoal  and  Goose  creeks,  and  from  a  barren  waste  it  soon  looked  like  a 
garden-place.  On  the  above  date  they  commenced  their  settlement  oa. 
Grand  river,  in  Davis  county,  about  twenty-five  miles  from  Far  West, 
Caldwell  county.  The  writer  was  amongst  the  first  who  emigrated  to 
and  settled  in  that  place.  The  citizens  of  Davis  county  made  no  objection 
to  the  Mormons  settling  amongst  them,  but,  on  the  contrary,  said  (as  the 
writer  can  witness)  that  they  were  willing  they  should  settle  amongst 
them ;  they  said,  in  times  past  they  had  objections,  but  were  now  satisfied 
that  the  reports  of  the  bad  character  of  the  Mormons  were  false.  The 
election  was  approaching,  and  candidates  as  usual  were  busily  employed 
in  electioneering.  They  were  frequently  in  the  new  Mormon  town,  and, 
as  usual  on  such  occasions,  were  willing  to  make  any  promises  or  give  any 
pledges  required  of  them.  Unfortunately,  there  were  more  candidates 
than  vacant  offices  ;  consequently,  some  must  go  to  bed  without  a  full  sup- 
per of  the  people's  suffrages.  Amongst  the  candidates  for  the  Legislature 
was  one  William  Peningston,  colonel  commandant  of  the  Davis-county 

Thomas  Alien,  print. 


2  Doc.  No.  42. 

militia;  he,  from  the  part  he  had  before  acted  towards  this  people,  began 
to  fear  that  lie  would  not  get  their  votes.     In  order  to  remove  all  objections 
from  their  minds  as  to  voting  for  him.  he  had  been  very  friendly,  attending 
many  of  their  meetings,  and  sanctioning  every  thing  that  was  said  or  done. 
His  last  resort  was  to  prevent  them  from  voting  for  his  opponent,  a  Mr. 
Williams.     To  effect  this,  he  made  a  very  inflammatory  speech  on  the 
morning  of  the  election,  in  order  to  raise  an  excitement,  and  prevent,  if 
possible,  the  Mormons  from  coming  to  the  polls.     This  speech  raised  an 
affray  between  the  citizens  (as  they  term  themselves)  and  the  Mormons, 
in  which  there  were  several  men  wounded,  and  some  of  the  Mormons  fled 
<o  save  their  lives.    The  report  was  carried  the  next  morning,  by  two  men, 
who  did  not  belong  to  the  Mormon  society,  to  Far  West,  that  there  were 
two  Mormons  left  dead  on  the  field  of  battle,  and  the  adverse  party  would 
not  suffer  their  friends  to  bury  them.     This  naturally  raised  an  excitement 
amongst  the  citizens  of  that  place ;  thirty  or  forty  men  immediately  started 
for  Davis  county,  to  force,  if  necessary,  the  interment  of  their  friends.  On 
their  arrival,  they  found  the  rumor  false  ;  but  there  was  a  great  excite- 
ment ;  men  were  collected  in  force  around  the  groceries,  drinking  and 
swearing  vengeance  against  the  Mormons.    They  thought  it  necessary  to 
take  some  steps  to  secure  the  public  tranquillity,  which  gave  great  umbrage 
to  some  of  the  would-be  honorable  citizens  of  Davis  county ;  but  of  the 
excitement  which  was  kept  up  by  them  we  will  not  at  present  speak. 
Judge  King  and  General  Atchinson  becoming  acquainted  with  the  diffi- 
culties existing  in  Davis  county,  nobly  stepped  forward,  and,  as  the  Mor- 
mons fondly  hoped,  put  a  stop  to  further  difficulties.     iSTo  sooner  were  the 
noble-hearted  King  and  Atchinson  gone,  than  the  disaffected  and  heart- 
jess  Davis-county  rabble  were  at  work  to  raise  excitement.     This  they 
undertook,  by  removing  their  families  from  the  neighborhood  of  the  Mor- 
.mons  ;  collecting  them  in  the  borders  of  Livingston  county  ;  sending  let- 
ters and  messengers  to  the  neighboring  counties,  stating  that  the  Mormons 
were  driving  women  and  children  from  their  homes,  taking  possession  of 
their  corn-fields,  and  threatening  slaughter  and  devastation  to  every  thing 
in  their  course,  and  calling  on  them,  for  God's  sake,  and  for  the  sake  of 
.-every  thing  held  dear  by  freemen,  to  come  arid  help  them  !     This  soon 
had  the  desired  effect:  numbers  were  speedily  collected  at  Millport,  seven 
miles  from  the  Mormon  town,  for  the  purpose  of  sacking  the  same^and 
killing  or  expelling  the  inhabitants.     The  Mormons  took  the  alarm, 'and 
be^an  to  importune  those  public-spirited  men,  King  and  Atchinson,  for 
relief.     Meanwhile  the  militia  were  raising  and  organizing  ;  the  Mormon 
town  was  kept  in  a  continual  state  of  alarm  by  the  mob,  whose  forces 
.were  daily  augmenting,  and  whose  vituperous  breath  was  hourly  sending 
'•).  threats  of  death  and  destruction  of  property  to  the  Mormons.     The 
writer  of  this  sketch,  in  the  midst  of  this  state  of  alarm  and  confusion, 
while  riding  unarmed  and  peaceably  along  the  public  highway,  was  sud- 
denly stopped  by  five  ruffians,  (a  part  of  the  mob,)  suddenly  springing  up 
from  amongst  the  bushes  by  the  way  side.    One,  who  appeared  to  be  the 
commander,  ordered  him  to  halt  and  dismount ;  which  order  he  having 
no  disposition  to  obey,  commenced  wheeling  his  horse  for  a  retreat;  this  be- 
ins  perceived,  the  saine  voice  gave  orders  to  fire — bring  him  down  ;  which 
order  was  promptly  obeyed  by  three  of  the  five  men  firing  at  the  distance 
of  fifteen  or  twenty  feet ;  but  the  writer  happily  escaped  their  balls,  by  hav- 
ing the  presence  of  mind  to  watch  their  rifles,  and,  at  the  time  of  bringing 


Doc.  No.  42.  $ 

them  to  the  level,  swinging  himself  in  his  stirrups  to  the  opposite  side  of 
his  horse.  Atchinson  at  length  arrived  with.  500  militia,  and  apparently 
put  a  stop  to  this  alarming  state  of  affairs.  The  Missourians,  as  they  are 
called,  acknowledged  themselves  thwarted  in  their  plans  of ' driving  out 
the  Mormons,  and  said  that  themselves  would  leave  the  county.  At  this 
time  there  was  an  Indian  alarm  artfully  raised,  and  orders  issued  by  the 
Governor  for  raising  5,000  minute-men  for  any  emergency.  They  (the 
Davis-county  people)  had  bound  themselves  with  a  solemn  oath  and  cove- 
nant  that  they  would  either  drive  the  Mormons  or  leave  the  county  them- 
selves. They  now  commenced  selling  to  the  Mormons,  and  but  a  short 
time  had  elapsed  ere  the  Mormons  had  bought  out  half  the  citizens  of 
the  county.  Meanwhile,  they  were  gathering  against  De  Witt,  a  small 
Mormon  settlement  at  tha  mouth  of  Grand  river,  in  Carroll  county  ;  they 
besieged  this  place  with  about  400  men  ;  the  Mormons  finally  surrendered 
on  condition  that  they  should  be  permitted  to  join  the  Mormon  settle- 
ments up  Grand  river. 

No  sooner  had  the  news  reached  Davis  county  of  the  surrender  of  De 
Witt,  than  the  committee  of  said  county  withdrew  from  the  Mormon  town, 
declining  to  make  any  more  sales,  which  they  had  been  daily  making 
before.  The  inhabitants  began  to  act  the  old  tragedy  of  moving  off  their 
families,  and  sending  their  exciting  messengers  and  letters  abroad,  saying 
"The  Mormons  have  driven  us  from  our  homes,  taken  possession  of  our 
corn-fields,  burnt  our  houses,  and  in  some  instances  murdered  women 
and  children!"  The  Mormons  were  aware  of  the  design, which  was  to 
create  an  excitement,  gather  a  force,  and  drive  them  from  their  homes. 
Application,  it  was  said,  was  made  to  the  Governor  to  interpose  his  au- 
thority and  stop  their  mad  career.  (Of  this  the  writer  has  no  positive 
knowledge,  but  believes  it  to  be  a  fact.)  The  Governor  replied  that  he 
could  do  nothing  for  them ;  that  he  had  already  put  the  State  to  a  vast  ex- 
pense, and  the  Mormons  mu^help  themselves.  Brigadier  General  Parks 
came  up  to  the  Mormon  town,  in  Davis  county,  and  told  the  leaders  in 
that  place  that  they  must  take  care  of  themselves,  as  the  militia  were  no 
longer  willing  to  be  at  any  trouble  in  defending  them.  Colonel  G.  M. 
Hinkle  asked  a  written  permit  to  raise  troops  in  Caldwell  county,  if 
necessary,  to  defend  themselves  against  a  mob ;  this  General  Parks"  de- 
clined giving,  but  promised  that  if  he  should  be  under  the  necessity  of  call- 
ing them  out,  he  would  then  give  him  a  permit,  which  would  secure  him 
against  future  difficulty.  Thus  the  Mormons  found  themselves  left  to 
themselves,  compelled  to  defend  themselves  by  themselves,  or  submit  to  a 
merciless,  lawless,  heartless  set  of  desperadoes,  to  be  murdered,  smitten^ 
and  driven  at  their  pleasure.  Learning  by  a  prisoner  who  had  made  his  es- 
cape that  the  mob  were  encamped  with  100  men  and  a  six-pounder  about 
ten  miles  off,  it  was  thought  best  to  dislodge  them  before  they  had  time  to 
collect  any  more  forces.  For  this  purpose  there  were  100  cavalry  sent  to 
reconnoitre  their  camp,  and,  if  possible,  bring  in  the  cannon.  They  soon 
discovered  and  put  them  to  flight,  and  returned  with  the  cannon.  Shortly 
afterwards  it  was  discovered  that  there  were  troops  hovering  on  the 
southern  borders  of  Caldwell  county ;  they  commenced  driving  some  Mor- 
mon families  from  their  houses,  and  burning  the  same.  They,  too,  were 
supposed  to  be  of  a  mob,  as  who  could  have  thought  any  thing  else  ?  The 
authorities  had  said  to  the  Mormons,  "Defend  yourselves  ;  the  militia  are 
unwilling  to  do  any  thing  for  you."  Neither  had  the  Mormons  ever  heard 


4  Doc.  Xo.  42. 

a  hint  of  the  raising  the  militia.  But  this  was  a  part  of  their  deep-laid  plan, 
to  have  the  militia  lying  on  the  Mormon  frontier,  and  make  them  believe 
the)'  were  a  mob  ;  and  thus  draw  them  to  an  attack,  that  they  might  have 
a  lawful  pretext  to  call  out  the  fdrces  of  the  State  to  expel  the  Mormons, 
as  they  knew  the  Mormons  would  not  willingly,  come  in  contact  with  the 
militia. 

However, this  company  paid  dearly  for  their  temerity ;  the  Mormons,  sup- 
posing them  to  be  a  mob,  went  down  with  sixty  cavalry  to  learn  their  in- 
tentions ;  when  the)?-  arrived  near  the  outpost,  they  were  fired  upon  and  one 
of  the  Mormons  wounded.  This  was  taken  on  their  part  as  a  signal  for  a 
general  action.  They  continued  their  course  towards  the  camp  :  the  other 
party  formed  a  line  of  battle  behind  their  friends,  and  opened  a  brisk  fire 
on  the  Mormons,  who  formed  themselves  in  line  of  battle,  and  returned 
the  fire.  A  fierce  engagement  ensued,  which  was  ended,  it  was  said, 
with  the  almost  entire  destruction  of  Bogard's  company.  No  sooner  had 
this  transaction  taken  place,  but  away  they  went  to  the  Governor,  with 
news  that  the  Mormons  had  attacked  and  cut  to  pieces  Bogard's  company 
of  militia,  while  defending  the  frontier  of  Ray  county.  The  Governor 
issued  an  order  for  the  5,000  militia,  raised,  as  it  was  said,  for  Indian  emer- 
gencies, to  march  immediately  on  Far  West,  and  issued  his  humane  order 
to  expel  or  exterminate  the  Mormons.  General  Atchinson,  like  a  man  of 
humanity,  honor,  and  dignity,  on  receiving  the  Governor's  order,  resigned 
his  command,  and  retired  in  disgust.  Far  West,  the  Mormon  town,  was 
now  invested  by  a  force  of  3,960  men,  which  soon  increased  to  over 
5.000,  while  the  Mormon  force  amounted  to  500.  /The  Governor's  order 
was  read  to  the  Mormon  leaders,  and  they  surrendered  themselves  to  the 
Governor's  forces,  saying  that  they  only  intended  to  defend  themselves 
against  mobs,  and  were  willing  to  submit  to  the  militia  ;  and  if  they  had 
transgressed  any  law,  they  were  willing  to  be  tried  by  that  law.  The 
Mormons  also  surrendered  their  arms.  "Thus  about  5,000  souls  became 
prisoners,  with  orders  to  leave  (he  State  ofwlissouri,  whither  they  had 
emigrated  for  the  purpose  of  becoming  permanent  citizens.  They  had 
bought  land  from  the  Government  in  Jackson  county,  from  which  they 
had  been  expelled  five  years  without  redress.  They  had  purchased  in 
the  counties  of  Caldwelf,  Ray.  Clay,  Clinton,  and  Davis,  §200,000  worth  of 
land  from  the  Government ;  their  improvements  were  worth  $1,000.000  ; 
their  loss,  in  the  destruction  of  crops  and  cattle,  will  amount  to  Si 00,000  ; 
their  loss  in  arms,  which  were  necessary  to  defend  themelvcs  against  the 
Indians,  will  amount  to  S12,000.  It  is  also  reported  that  they  lost  $20.000 
worth  of  horses  and  saddles  :  of  this  the  writer  has  no  correct  knowledge, 
having  left  the  country  a  few  days  after  the  surrender.  The  aggregate 
Joss  may  be  estimated  at  $1,332,000.  Thus  we  have  given  a  short  but 
correct  statement  of  facts,  the  most  of  which  passed  under  our  own  ob- 
servation. Comment  is  deemed  to  bo  unnecessary — they  speak  volumes  for 
themselves.  Free  citizens  of  the  United  States  driven  from  their  peaceful 
homes — homes  which  they  had  purchased  from  the  Government  with  their 
own  money,  for  the  purpose  of  supporting  their  helpless  women  and 
children ;  and  they,  with  their  women  and  children  turned  out  naked  and 
destitute,  without  money,  without  property  or  friends;  with  orders  to 
leave  the  free  State  of  Missouri,  to  go  they  know  not  whither.  The  State 
of  Missouri  says,  by  this  measure,  that  they  are  dangerous  citizens;  con- 


Doc.  No.  42.  5 

sequently,  the  other  States  will  not  be  willing  to  receive  them.  What  is  to 
be  done  ?  The  subject  calls  loudly  for  investigation,  and  the  Mormon 
grievances  for  redress.  Is  there  no  voice  that  can  be  raised  in  behalf  of 
suffering  and  bleeding  humanity  ?  Must  helpless  women  and  children  be 
turned  out  naked  in  the  world  to  beg  their  bread  ?  Where  is  the  spirit 
of  our  fathers,  who,  in  their  patriotism,  won  the  battles  of  the  Revolution, 
and  secured  liberty  and  independence  to  their  offspring  ?  Secured,  did  I- 
say?  No  !  I  will  recall  the  expression,  and  never  utter  it  more,  until  lam 
restored  to  the  rights  and  privileges  of  a  freeman — never,  while  I  know 
that  thousands  of  souls,  the  offspring  of  those  generous  fathers  who  won 
liberty  for  themselves,  and  hoped  to  entail  it  to  their  posterity,  are  held  in 
more  bitter  bondage  than  the  sable  sons  of  Africa,  in  the  midst  of  a  nation 
whose  institutions  are  thought  to  be  the  best  that  ever  graced  the  annals 
of  time. 

This  is  sent  to  the  Congress  of  the  United  States,  that  they  may  have 
the  truth  fairly  before  them.  It  is  also  intended  as  the  humble  memorial 
of  this  people,  asking  the  council  of  the  nation  to  do  them  that  jus- 
tice which  has  been  hitherto  denied  them  by  the  State  of  Missouri-.  We 
would  represent  to  you,  that  our  property,  our  liberty,  yea,  our  sacred 
all,  are  gone,  and  we  are  ordered  to  leave  the  State  of  Missouri.  We  have 
nothing  left  wherewith  to  transport  ourselves,  nor  do  we  know  whither  to 
go  ;  therefore  we  throw  ourselves  on  the  mercy  of  Congress.  We  are 
the  sons  of  those  generous  sires,  who,  by  a  sacrifice  of  their  lives  and  for- 
tunes, secured  to  you  the  privilege  of  sitting  in  council.  Many  of  us  have 
served  in  the  armies  of  our  country,  and  assisted  in  fighting  her  battles  ; 
and,  in  return,  we  claim  the  rights  of  citizens  ;  we  ask  you  to  restore  them 
unto  us.  If  we  have  violated  any  law,  we  are  willing  to  suffer  the  pena.ties 
of  that  law.  We  also  ask  that  our  adversaries  may,  in  like  manner,  be 
called  to  account.  Do  us  justice  ;  restore  us  to  our  rights  ;  and  the  God 
of  justice,  mercy,  and  truth  will  reward  you  for  your  good  deeds. 

Signed,  on  behalf  of  the  Mormon  people,  by 

EPHRAIM  OWEN,  Jr. 


STATE  OP  INDIANA,  Green  county,  December  1,  1838. 
We,  the  undersigned,  have  been  intimately  acquainted  with  Ephraim 
Owen,  Jr.,  Esq.,  the  writer  of  the  foregoing  ;  and  we  here  unhesitatingly 
say,  that  he  is  a  man  of  truth  and  veracity,  and  we  also  certify  that  such 
is  his  general  character. 
Given  under  our  hands: 

J.  R.  GAVINS, 
THOMAS  SMITH, 
ISAAC  BAKER, 
THOMAS  OWEN, 
GEORGE  LARNER, 
WM.  M.  NORRIS, 
JOHN  B.  KELSHAW, 
J.  D.  LESTER. 


